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Show "NEED SOT APPLY." Judge Anderson's Opinion on CitU zensblp. "XOBXONS"' NOT ELIGIOLE. He GiTMSomeTfrr Feeble Beasonj ia Explanation. BEAVElt,-Utah, Dec. 4. Herewith Here-with I send you the full text of Judge Anderson's latest opinion, denying citteenshipto members of the Mormon Church: THE OMSHUt IS IXLL. Tho application of these persons to become citizsns will bo disposed of in one opinion, cs substantially the same facts are shown in each case. I regret I have not been able to reduce the opinion to writing, but.the reporter can take It down. The testimony of the witnesses In each case Is It the effect that each of tliu applicants has resided within the United States formore than fivo years last past, and within the Territory Ter-ritory of Utah for more than one year last past, and that each ot tho applicants Is a man of good moral character, attached to the principles of the Constitution of the United States and well disposed to the gjod order and happiness &f the same. Thcso facts not having been disputed would entitlo each of tho applicants to bo admitted to citizenship citizen-ship but for the further fact that each of tho applicants has stated under oath that he Is a member In good standing of tho Church of Jesus Christ of Latter-day Saluts, commonly called and known as the Mormon Church. A hltlo over one year ago, while sitting In tho Third District Court. at Salt Lake City, John E. Moore and others made application to be admitted to citizenship. Objection was made because they were members mem-bers of the Mormon Church, which, It was claimed by tho oblectors, was n treasonablu organization, and a very elaborate and extended hearing was had as to whether the fact of membership In that organization organiza-tion should debarthe applicant from citizenship. As a result of that Investigation In-vestigation thecouit held that those applicants were not entitled to become be-come citizens. The e vl Jenee In that hearing established that the Mormon Mor-mon Church required that Its members mem-bers on receiving their endowments in the endowment house should tako an oath that they would avenge the blood cf tho Prophets, Joseph and Ilyrim Smith, upon the government gov-ernment and people cf tho United States, and that they would enjoin this obligation upon their dcJceni!-auts dcJceni!-auts until tho third and fourth generation; gen-eration; and that they would obey the Priesthood of tho Church in all thing", temporal as well assplritual. It was shown al30 by tho evidence, which, however, was also a matter of general knowledge, that the Chu-ch had systematically, and with all tho ttiwer and resources at Its command.opposcd all tho laws passed by Congiesi against polygamy poly-gamy and other kludred offenses down to that time, and tint op;io. sitlon consisted of everything that was possible except open warfare against the government. If a member mem-ber of the church was convicted of any of the ofl'enses named in the antl-poligamy laws and sentenced to prison, It was a common practice for the other members to glvo him a banquet before starting to prison aud a reception ot his return. Under Un-der Instructions from leaders of tho Church thosa convicted of polygamous poly-gamous offenses almost invariably refused to promise to obey the laws of the United States, even when tho court would offer to suspend sentence or impose alight punishment punish-ment If they would make such promise; and this, too, when the Mormon leaders were proclaiming, proclaim-ing, as at present, that they U-ach their followers cU Jlccco to tho law. It was also found that a "Church fund" had been raked for a number of years for tho purpose of aiding tiioss who violated the laws to escape es-cape punishment, aud this is now practiced, nnd whenever a member mem-ber of the Church Is indicted In this or any other court of tho Territory or a violation of the nntl-polyg-iniy laws, he Is defended by attorneys employed and psjd by the Cbuich. It was furtbershown ntlhat hearing that there was a system of courts within the Church forthodetermln-alion forthodetermln-alion of controversies between the members which assumed toexercl-o judicial functions even to the extent ofrenierlng money judgments aud annulling or modifying Judgments rendered by the civil courts. It was held In that case that an alien who came to this country and joins this church an organization organiza-tion whoso whole history was one of opposition to the enforcement of the laws of Cougrets and of defiance of the government, was sot a fit person to bo made a citizen uf the United States, and the applications were denied. This rulu was followed fol-lowed by tho courts of the Territory Terri-tory down to within the last mouth or six weeks. On the tUlh day of Septjmber last, Wllford Woodruff, president of the Church, issued a manifesto in which he denied there had been any polygamous marriages celebrated in this Territory as had been reported by the Utah commission, com-mission, nnd denied that he or the teachers or elders of tho Church were teaching polygamy or en-couragicz en-couragicz members of the Church to contract polygamous marriage?, and stated that his advlco to the Litler-day Saints was to refrain from contracting auy marriages forbidden for-bidden by the law ot the land. Upon the strength of thU manifesto mani-festo I am aJvised that tho courts in the Firtand Third districts of this Territory have, slnco it was issued, admitted members of the Mormon Church to citizenship. I regret very much that uponacarefulstudy of this manifesto I cannot agree with this holding of Uio-e courts. I am unable to seo that it removes the grounds of the ol jectlon which for the past year liave been deemed sufficient to cxcludo alien membcts of this Church from citizenship. The manifesto only advises the members not to contract In tho future fu-ture any marriages forbidden by tho law of tho land. It does not even advise thoso members who aro now living in polygamy to stop their polygamous practices and live within with-in the law. It announces no cbaugo in tho doctrine or belief of the Church as to the rightfulness of polygamy, nor docs it advise or order the discontinuance of the disloyal dis-loyal oaths administered In the endowment house. By Barlow Ferguson Your honor, does not the ratification in tho conference con-ference say that they will obey the laws cf tho land? By Court Xo, the ratification could not extcud any further than the thing ratified. It was simply a vote In the conference by a large assembly of the members endorsing the manifesto. But even In endorsing endors-ing the manifesto, Sir. George (. Cannou, one of the great leaders of the Church, and tho principal-spokesman principal-spokesman on that cccsslou, was reported In tlie public press as saying say-ing in his address, Iiisubtlanco,Uiat "while he endorsed it himself under tho circumstances, yet ho rcfirrcd to the fact that soma of the numbers num-bers who had not lived in polygamy woulJ rejoice that the manifesto hid been issued; while others who had lived up to their belief would have a feeling of sorrow; and that for his port ho thought tlie conduct of those who had lived up to their faith was more to ba commended thau those who had not;" cr, In other words, thoso who Itad violated tlie law as ho himself had done were mora to tie commended than those who had obeyed it. By Mr. Ferguson Only one or two of these applicants stated that they had gone through the endowment endow-ment house. By Court Yes.and some of them testified that they did not believe in polygamy, and others onu or two said they did; but that they had not practiced it aud 'did cot Intend In-tend to. By Mr. Ferguson Do ycu think shoe who have not hfen through the endowment home shsuM bo refused their naturalization? Court I think that a man who belongs to church that requires him to toko an oath of hostility to tho trovernoaent of which he seeks to become a citizen, although he has not jet taken tho oath, stands on tho same footing as thoso who hare. Ho ought to give up his church membership, for hi attempt at-tempt to obtain the privileges of citizenship, as tho evidence taken lu tho cases referred to in Salt Lako showed that ono Is Incompatible with tho other. I have no doubt there are many members of tho Mormon Church who, If they coul J be free from the restraints which tho Church places around them, would give expression to a feeling of loyalty to tho government; gov-ernment; but outside of a few places In the Territory, wbero tho non-Mormon non-Mormon element Is strong, they cannot afford to do anything not sanctioned by the Church. Tho so-called manifesto Is very artfully worded. The members aro advised ''to refrain from contracting any marriages forbidden by tho law of tlie land." Tho only "law of tho laud" forbidding polygamous marriages marri-ages in this Territory Is In the acts of Congress. IT Utah should become a State, thcso acts of Congress would no longer bo in forco h ere and polygamous marriage would not be contrary to the law of the land,as far as Utah Is concerned, unless tho Latter-day Saints should pass such a, law, which their past history shows thoy would not likely do; and then the advice of Wllford Woodruff against polygamous marriage mar-riage would no longerapply. I think this manifesto bears on Its face conclusive con-clusive evidence that It was only Intended to servo a temporary IHirpose. Wllford Woodruff and oilier leaders of the Church, as well as tho more humble members, mem-bers, havo In the past shown a persistance In disobeying tho laws and. lu defying tha government unparalleled in this couutry. Brig-ham Brig-ham Young lived and died a most flagrant violator of.lho laws of this countrv. His successor, John TaylorJ died whllo under Indictment Indict-ment for a violation of the laws, aud whlleinhldlngfromtheofllcers whowerotrylngtonrresthlra. His successor, Wllford Woodrufflsapoly-gamlst;aud Woodrufflsapoly-gamlst;aud in 1S77, at the dedication dedica-tion or tho Teuiploat SL George, prayed In tho most ostentatious mauner befcro a largo audience for tho destruction of Uio government. George Q. Cannon, one of ills associates as-sociates In the presidency nt tho present time, was a polygatuiat aud bas served a term iu the penitentiary peniten-tiary for a violation of tho laws of his couutry; and Joseph F. Smith, at this time ono of the presidency of the Church, is now under Indictment Indict-ment and hiding from the officers; while tho lives and conduct of the other high officiate of tho Church have been of a similar character. A slight concession to the supremacy suprem-acy ot tho laws of the government has at last besu made, but it is of such a character, and was made in such a way that In view of tho past history of thechurch aud its leaders not much importance should be attached at-tached to It uutll time lias demonstrated demon-strated the sincerity of thoso who mado it, ard tho willingness of tiioce to whom it was given to obey it. I am of the opinion that an alien who comes to this country aud joins au organization which hxs given tho government eo much trouble in the enforcement of its laws as tho Mormon Mor-mon Church has done, and which require him to take auoath and perform nctt. Inconsistent with good citizenship, would not bo permitted to become a citizen of tho United States as long as ho continues a member of such organization. The application of theso patties to be atlciltted to citizenship is, therefore. Jeiiicd. Sjxclal to The lltruid. |
